Back / lumbar spine Board decisions

The Board denied the veteran's claims for reopening his service connection claims for migraine headaches and a back disorder, as well as his claim for service connection for passive-aggressive personality disorder (schizotypal personality disorder). The RO determined that new and material evidence was not received to reopen these claims.

The veteran's claim for an increased evaluation for his lumbosacral strain with degenerative joint disease was granted, and he is now receiving a 40 percent disability rating effective from December 19, 1997.

The veteran's claims for increased ratings and service connection have been denied. The headaches claim is denied as the evidence does not show characteristic prostrating attacks, while the low back and neck disability claims are based on the current rating criteria.

The Board has determined that the veteran's residuals of fusion of the lumbar spine warrant a 60 percent disability rating, which is the maximum schedular rating available under Diagnostic Code 5292. This decision grants an increased rating for the veteran's condition.

The Board has determined that there is a need for further VA examination and development of the record to determine if the veteran's service-connected disabilities have resulted in a psychiatric disorder, and whether his low back disability warrants an increased rating. The case is being remanded for these purposes.

The veteran's appeal is being remanded for further development, including a VA examination and consideration of the revised rating criteria.

The veteran's appeal is being remanded for additional development of his claims, including obtaining updated medical records and scheduling him for VA examinations to assess the severity of his service-connected disabilities.

The Board denied the veteran's claims for service connection for various conditions, including a left foot disability and neurological disorder. The right foot and left ankle disabilities were found not to be of service origin or related to any service-connected condition. The low back disability was also determined not to be of service origin or related to a service-connected condition.

The veteran's appeal was denied as he did not have qualifying service for basic eligibility to receive nonservice-connected pension benefits.

The Board denied the veteran's claims for service connection for back disorder, shoulder disorder (unspecified), neck disorder, and left ear hearing loss. The Board also found that no new and material evidence had been submitted to reopen claims of service connection for headaches and hypertension. Additionally, the Board denied a claim for an initial evaluation in excess of 30 percent for PTSD and a claim for an initial evaluation in excess of 10 percent for bilateral tinnitus.

The Board has determined that new and material evidence has not been received to reopen the veteran's claim for service connection for a low back disability (claimed as degenerative disc disease of the lumbar spine). The decision is mixed, with some issues in favor of reopening and others against.

The veteran's claim for PTSD was denied an effective date prior to October 4, 1996.,The veteran's claim for lumbosacral strain and disc disease was denied an effective date prior to June 8, 1995.,The veteran's claims for hearing loss of the right ear and tinea cruris were both denied an effective date prior to January 1, 1994.

The Board denied the veteran's claims for increased evaluations for his post-traumatic stress disorder, lumbosacral strain with degenerative changes, and cervical strain with degenerative changes. The RO granted a 40 percent evaluation for residuals of lumbosacral strain with degenerative changes effective August 7, 2001, and a 30 percent evaluation for residuals of cervical strain with degenerative changes as of that date.

The veteran's service-connected lumbosacral disorder rendered him unable to secure and follow a substantially gainful occupation, meeting the criteria for TDIU due to service-connected disability for purposes of accrued benefits.

The veteran's low back strain and hemorrhoids are rated at the maximum allowable. The sinusitis is rated as non-compensable prior to July 13, 2001, but compensable beginning on that date. The irritable colon syndrome remains non-compensable.

The VA Regional Office denied service connection for a back disorder, and the case is being remanded to allow the veteran to have a videoconference hearing.

The Board has granted service connection for a low back disability, finding that it was caused by the veteran's service-connected left knee and right foot disabilities. Service connection for a lung disability is denied as there is no current evidence of such condition.

The Board of Veterans' Appeals has remanded the case for additional development, including obtaining private medical records and conducting a VA examination to evaluate the veteran's service-connected low back disability under both old and new rating criteria.

The veteran's claim for a higher rating for his service-connected degenerative disc disease at L3-4 and L4-5, status post fusion was denied. The RO granted the maximum schedular rating of 60 percent effective from April 18, 2002.

The Board denied the veteran's claims for service connection for a low back disability and peripheral neuropathy, as well as his request for increased evaluations for stress fractures. The decision also noted that new evidence did not meet the criteria to reopen the claim for peripheral neuropathy.